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Contract notes - wedfcf e erg dfg zdgf dr gdf gfzg zdfg ztdfgzdf gbzdfv dzrgzdfgz
Contract Law (LAWS10021)
University of Manchester
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Offer : A proposition or suggestion Offeror = Makes offer Offeree = Person offer is made to
An 'invitation to treat ' is not an offer Articles displayed for sale Fisher vs Bell Articles on a shelf in a shop PS V Boots Chemist Advertisements Partridge v Crittenden Auctions Payne v Cave
Reward Posters are Offers e. missing cat Carlill v Carbolic Smoke Ball Co
Communication of Offer Any method (writing , spoken or conduct) Can be to anyone (even the whole world Carlill v Carbolic smoke Ball Co Must be communicated effectively If by post, effective when it arrives
Duration of Offer A time limit can be set, otherwise open for a 'reasonable time' Ramsgate Victoria Hotel Co Ltd v Montefiore
How can an offer cease to exist? Revoke offer (Payne v Cave) Offeror can withdraw offer at any time Offeree must know the offer has been revoked
Rejection of offer Offeree rejects the offer
Counter-offer (Hyde v Wrench) The offeree refuses the offer and makes their own offer instead
Acceptance An agreement to all terms of an offer (otherwise a counter offer) A request for information before agreement is not an offer. (Stevenson v Mclean) Acceptance must be by person to whom the offer was made Any method of acceptance will do If offeror specifies a method, this is the only method of acceptance (Eliason v Henshaw)
Communication of Acceptance Acceptance must be communicated to the offeror Not possible to accept by silence (Felthouse v Bindley) If by post , acceptance made when posted – post box or in the hands of a Post Office employee authorized to receive letters. (Adams v Lindsell) If letter lost in post, still effective when posted. (Household Fire Insurance v Grant) Modern Methods such as email, effective when it arrives. (Entores v Miles Far East) However , if received out of office effective next working day. (Brinkibon Ltd v Stahag Stahl)
Intention to Create Legal Relations
Business/Commercial agreements – courts presume these are legally binding (Mcgowan v Radio Buxton) However parties can provide evidence to rebut this (Rose & Frank Co v Crompton) 'Binding in Honour only' - not legally binding. (Appleson v Littlewood)
Domestic/Social Agreements – Courts presume NOT legally binding (Balfour vs Balfour) However , parties can provide evidence to rebut this. (Merritt v Meritt)
Consideration What each party puts into the contract (e. Goods, services, money, to stop doing something.) Must have some valuable, be tangible. (Chappell & Co v Nestle Ltd) Intangible NOT acceptable (White v Bluett) Past Consideration NOT acceptable (Re McArdle)
Breach of Contract Actual Breach or Anticipatory breach Actual Breach = non-performance Pilbrow v Pearless de Rougemont & Co Actual Breach = improper performance Bunge Corporation v Tradax Export SA Anticipatory Breach = Agree to do something in the future but fail to do so. Hochester v de la Tour
Compensatory Damages Breach of Contract = Innocent party can sue in the courts for damages. Loss : Value of goods stolen Stansbie v Troman Loss of preparatory work (Anglia Television v Reed) Loss of profits Victoria Laundry v Newman Industries Ltd
Don't forget causation! Remoteness of damage = too remote will not work Hadley v Baxendale
Damages awarded where: They arose naturally from the breach of contract They were reasonably in contemplation of both parties when the contract was made
Mitigation of Loss Innocent party takes reasonable steps to minimize loss British Westinghouse and Manufacturing Co Ltd v Underground Electric Railways of London Ltd Ordered replacement turbines and it cost more money so were compensated.
If anticipatory Breach , innocent party has a choice: Sue for Damages – no need to wait until date of performance Continue with contract and then claim for loss caused due to breach White and Carter Ltd vs Mcgregor
Contract notes - wedfcf e erg dfg zdgf dr gdf gfzg zdfg ztdfgzdf gbzdfv dzrgzdfgz
Module: Contract Law (LAWS10021)
University: University of Manchester
